In this unpublished decision, the Board of Immigration Appeals reconsidered sua sponte its prior rulings upholding the entry of an order of removal in absentia and remanded the case for further consideration. The Board stated that both it and the immigration judge had erroneously characterized statements submitted by the respondent and his sister as unsworn, when in fact they were signed under penalty of perjury. The decision was written by Member Neil Miller.
In this unpublished decision, the Board of Immigration Appeals reconsidered sua sponte its prior rulings upholding the entry of an order of removal in absentia and remanded the case for further consideration. The Board stated that both it and the immigration judge had erroneously characterized statements submitted by the respondent and his sister as unsworn, when in fact they were signed under penalty of perjury. The decision was written by Member Neil Miller.
In this unpublished decision, the Board of Immigration Appeals reconsidered sua sponte its prior rulings upholding the entry of an order of removal in absentia and remanded the case for further consideration. The Board stated that both it and the immigration judge had erroneously characterized statements submitted by the respondent and his sister as unsworn, when in fact they were signed under penalty of perjury. The decision was written by Member Neil Miller.
Executive Ofce fr Immigration Review Board of Immigration Appeals Ofce of the Clerk 5107 leesburg lik. Suite 2000 Fals Church. Virgittia 210./ Law Ofices of Rosana Kit Wai Cheung 617 S. Olive Street, Suite 915 OHS/ICE Ofice of Chief Counsel - SNA 8940 Fourinds Drive, 5th Floor San Antonio, TX 78239 Los Angeles, CA 90014 Name: VELASQUEZ-AGUIRRE, OMAR ... A 099-77-431 Date of this notice: 7/22/2013 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Miller, Neil P. Sincerely, |o t Donna Carr Chief Clerk schuckec Userteam: Docket Cite as: Omar Antonio Velasquez-Aguirre, A099 477 431 (BIA July 22, 2013) I m m i g r a n t
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w w w . i r a c . n e t U.S. Deparent of Justce Eecve Ofc fr Imigton Review Dision of te Boa of Im igon Apps . FalOWh Vi 201 File: A099 4 77 431 - Sa Antonio, T Date: JUL 2 2 2013 I r: OMAR AONIO VELASQU-AGURa.k.a. Oma Antonio Velesquez-Agr I RMOVAL PROCEEDIGS MOTION ON BEHALF OF RSPONDE: Rosa Kt Wa Cheung, Esquir Pt to ou autort a 8 C.F.R. 1003.2(a) (2013), prviding t te Boa may at ay tme rpn or reconsider on i ow moton ay c in which it h rdr a deision, we wl rconsider tis mattr sa spnte ad rmad to te Imigton Judge. T mat w lat befr te Boa on Jau 18, 2013, whe we denie the rndent's moton t rpen his rmoval prcegs base on his agents tht he did not reive prpr notc of the heang. Previouly on Novmber 19, 2012, we dismisse te rspondent's apl of te Imigton Judge's denial of the rondent's moton to ropen ad rscind te in abseta ore of roval d Mah 17, 2006. However, it h now cme to ou atton t we a well a the Immigon Judge mischi the respondent ad h sister's delaons tt we submitted to te Imigaton Judge in suppor of te moton t rscind te in aseta orer. The reord rfets t bth delaon were sige ''uder te penat of pu." Tefr, we wl vae our prior orders ad rmd te ror to te Imigon Judge to, in the f ice, evaluae te delaton a swor stments a oppos to "m sttements" in consideng te merts of the rspndent's moton to rpn ad rsind te in asnta order of removal. Additonaly, due to te pasage of tme, te paies on rmd shoud b prvide a opprt to updae the record of prce gs. Accoringly, te fllowing order wlb enterd. ORDER: Te Boad's order d Jau 18, 2013, ad Novebr 19, 2012, a va. FURTR ORDER: Te rcord is remaded to te Immigon Judge fr fer prce gs conistent wit te ave decision ad te ent of a new order.
FY BOARD Cite as: Omar Antonio Velasquez-Aguirre, A099 477 431 (BIA July 22, 2013) I m m i g r a n t
Herta Wittgenstein, Also Known As Herta Hilscher, Also Known As Herta Spitzweiser v. Immigration & Naturalization Service, 124 F.3d 1244, 10th Cir. (1997)